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Constitutional Law Keyed to Choper
Wickard v. Filburn
Citation:
317 U.S. 111 (1942)Facts
Roscoe Filburn owned a small farm in Ohio where he raised poultry and dairy cattle and grew wheat. In 1941, under the Agricultural Adjustment Act of 1938, Filburn was allotted 11.1 acres for wheat production but harvested wheat from 23 acres, exceeding his quota by 239 bushels. Although Filburn argued that the excess wheat was primarily for personal consumption on his farm (for feeding livestock, home use, and seed for the next planting), the government imposed a penalty of 49 cents per bushel. Filburn refused to pay the penalty and challenged the constitutionality of the marketing quota provisions as applied to wheat grown for personal consumption, arguing it exceeded Congress’s commerce power.
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